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The Department of Revenue recommends denial of this claim. The Department's position is that the lottery and gaming credit is a property tax credit. Therefore, the credit goes to the property, not the individual. The credit is allocated to a parcel of property and is displayed on a property tax bill. The property must be used by the owner of the property as his primary residence as of January 1. The credit is paid by reducing the property taxes otherwise payable on that property. The DOR believes that the claimant has based his claim on one phrase selected from the entire Subchapter
II of Chapter
70 of the statutes. The Department alleges that when the entire subchapter is reviewed, it becomes evident that the lottery and gaming credit is a property tax credit. The DOR points to the fact that a basic rule of statutory construction is that all statutes must be read in their totality to derive their specific legislative intent. In furtherance of its argument, the DOR points to a recently enacted provision of the lottery and gaming credit law, s.
79.10(10)(bn), Stats. This section provides a procedure whereby the purchaser of a property during the year may claim the lottery and gaming credit, provided that the previous owner had used the property as his primary residence on January 1. The legislature therefore clearly intended that the credit to be claimed by the new owner of the Muskego property. Finally, the DOR states that the requirement that a property be both owned and occupied as of January 1 in order to claim the credit is clearly stated in s.
79.10 (10) and s.
19.10 (9) (bm), therefore, the claimant is not entitled to any lottery gaming credit on his Franklin property.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
11. Anthony T. Hicks of Madison, Wisconsin has filed a claim with the Claims Board for innocent conviction under section
775.05, Stats. At this time, he has an action for legal malpractice pending against his trial attorney. The claimant requests that the board consider his claim prior to the resolution of his outstanding legal action.
The Board concludes that it is premature to consider this claim until after the claimant has exhausted all other avenues of relief.
The Board concludes:
1. The claims of the following claimants should be denied:
Estate of Yvonne A. Ozzello
Robert and Rebecca Duckworth
Jane Pope
Conlee Cox
Duane Dorn
Thomas and Rosalie Mikich
Michael R. Schon
2.
Payment of the following amounts to the following claimants is justified under s.
16.007, Stats:
Larry and Joanne Buwalda $1,907.00
Lori Ann Cygan $177.00
Paula J. Habeck-Ihlenfeldt $177.00
3. The claim of Anthony T. Hicks should not be considered until all outstanding legal appeals have been exhausted.
Dated at Madison, Wisconsin this __27____ day of October 2000.
Alan Lee, Chair
Representative of the Attorney General
Edward D. Main, Secretary
Representative of the Secretary of Administration
Sheryl Albers
Assembly Finance Committee
Lawrence A. Wiley
Representative of the Governor
__________________
State of Wisconsin
Department of Workforce Development
November 1, 2000
The Honorable, The Legislature:
The purpose of this letter is to report to the governor and Legislature regarding allegations of worker's compensation fraud reported to the Department of Workforce Development.
1993 Wisconsin Act 81 created s.
102.125, Wis. Stats. By law, the Department records allegations of worker's compensation fraud, and if there is a reasonable basis to believe that a violation of s.
943.395, Stats., (insurance fraud) has occurred, it refers the case for prosecution by the district attorney for the county in which the violation occurred. The Department also reports annually to the Governor and Legislature regarding the number of allegations and referrals, and the results of the referrals.
This report summarizes the 6-year history of the program. As described in the report, the successful prosecution of fraud requires a close working relationship among insurance carriers, prosecutors, the employer community and the Department.
Sincerely,
Jennifer Reinert
Secretary
State of Wisconsin
Department of Natural Resources
October 31, 2000
The Honorable, The Senate:
In fulfillment of the requirements under s.
299.80(16), Wisconsin State Statutes, I am submitting to you a copy of the Environmental Cooperation Pilot Program 2000 Progress Report. I am also providing a copy of the Report to the Governor and to the Honorable Chief Clerk of the Assembly, Charlie Sanders.
Sincerely,
George E. Meyer
Secretary
__________________
Relating to recreational and educational camps.
Submitted by Department of Health and Family Services.
Report received from Agency, October 31, 2000.
Referred to committee on Health, Utilities, Veterans and Military Affairs, November 1, 2000.
Relating to the uniform dwelling code.
Submitted by Department of Commerce.
Report received from Agency, October 30, 2000.
Referred to committee on Economic Development, Housing and Government Operations, November 1, 2000.
Relating to the wastewater fee program.
Submitted by Department of Natural Resources.
Report received from Agency, October 26, 2000.
Referred to committee on Agriculture, Environmental Resources and Campaign Finance Reform, November 1, 2000.
Relating to clean water fund program financial assistance.
Submitted by Department of Natural Resources.
Report received from Agency, October 26, 2000.
Referred to committee on Agriculture, Environmental Resources and Campaign Finance Reform, November 1, 2000.
Relating to licensing of ambulance service providers and licensing of emergency medical technicians-basic.
Submitted by Department of Health and Family Services.
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Report received from Agency, October 31, 2000.
Referred to committee on Health, Utilities, Veterans and Military Affairs, November 1, 2000.
Relating to the brownfield site assessment grant program administration.
Submitted by Department of Natural Resources.
Report received from Agency, October 26, 2000.
Referred to committee on Agriculture, Environmental Resources and Campaign Finance Reform, November 1, 2000.
Relating to the automated partnership processing system program.
Submitted by Department of Transportation.
Report received from Agency, October 30, 2000.
Referred to committee on Insurance, Tourism, Transportation and Corrections, November 1, 2000.
Relating to the repeal of obsolete public assistance policies and procedures.
Submitted by Department of Workforce Development .
Report received from Agency, October 31, 2000.
Referred to committee on Human Services and Aging, November 1, 2000.
